Johnstone v. Tuttle
Massachusetts Supreme Judicial Court
Tort by a street lamplighter for personal injuries incurred on December 28, 1903, by being thrown from a ladder while filling a street lamp on Charles River Road, which forms a part of the park system on the Cambridge side of the Charles River, owing to a dog of the defendant, alleged to have been in the parkway unlawfully, rushing under and frightening the horse attached to the wagon on which the foot of the plaintiff’s ladder was l’esting.
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Tort by a street lamplighter for personal injuries incurred on December 28, 1903, by being thrown from a ladder while filling a street lamp on Charles River Road, which forms a part of the park system on the Cambridge side of the Charles River, owing to a dog of the defendant, alleged to have been in the parkway unlawfully, rushing under and frightening the horse attached to the wagon on which the foot of the plaintiff’s ladder was l’esting. Writ dated December 19,1904. In the Superior Court the case was tried before Bond, J., who excluded the evidence described in the opinion. The jury…
1Opinion of the CourtRugg, J.
The plaintiff was a lamplighter and used in his work of lighting and filling street lamps a democrat wagon drawn by one horse, and a short ladder, one end of which rested in the wagon and the other on the support of the lamp he was to fill. In December, 1903, while on this ladder performing his work, his horse started suddenly and he was thrown to the ground and injured. For these injuries he sued the defendant in tort, and introduced evidence tending to show that the horse was caused to start by the acts of the defendant’s dog in barking and running under the horse. The defendant produced…
2Cases cited6 opinions
- Bemis v. TempleMassachusetts Supreme Judicial Court · 1894
- Palmer v. CoyleMassachusetts Supreme Judicial Court · 1905
- Broderick v. HigginsonMassachusetts Supreme Judicial Court · 1897
- Maggi v. CuttsMassachusetts Supreme Judicial Court · 1878
- McGinn v. PlattMassachusetts Supreme Judicial Court · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
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- White v. American Casualty InsuranceMassachusetts Appeals Court · 2001
- Guidara & Terenzio Inc. v. R. Guastavino Co.Massachusetts Supreme Judicial Court · 1934
- Mitchell v. Central Vermont Railway Co.Massachusetts Supreme Judicial Court · 1927
1 more not listed; retrieve them via the Exa API.